Texas Department of Transportation v. York

Summary

The Supreme Court of Texas held that a layer of loose gravel on a roadway is not a "special defect" under Texas Civil Practice and Remedies Code section 101.022(b). The court reversed the court of appeals and dismissed the case because the plaintiff had proceeded under the special-defect standard and failed to obtain required findings for an ordinary premises-defect claim.

Holdings

1. A layer of loose gravel on a roadway is not a special defect as a matter of law because it is not of the same kind or class as an excavation or obstruction.
2. The plaintiffs could not recover under an ordinary premises-defect theory because they failed to obtain findings that TxDOT had actual knowledge of the loose gravel and that York lacked actual knowledge of it, after TxDOT objected to the omission of those elements from the jury charge.

Questions Presented

1. Whether loose gravel covering a roadway is a special defect under Texas Civil Practices and Remedies Code section 101.022(b).
2. Whether the plaintiffs could recover under an ordinary premises-defect theory when the jury charge omitted findings concerning TxDOT's actual knowledge and the plaintiffs' actual knowledge, despite TxDOT's objection.

Disposition

reversed